ptsd PTSD "TO INCLUDE SLEEP DISTURBANCE" Help

[USMC_VET]

Post Traumatic Stress Disorder To Include Sleep Disturbance

12/03/2015

INC

View Pending Claim

 

So i just filed for Sleep Apnea but under the Sleep Disturbance secondary to PTSD route.  This is what is showing.

 

What is "INC" and i am claiming SECONDARY TO and not INLCUDING, i am guess the INC is "Including" however if they consider it INCLUDING they wont rate it seperately and just put the PTSD and OSA symptoms together for one rating.  I think they are trying to avoid the 50% given for CPAP and just include it in PTSD but keep the rating level the same.

[Andyman73]

Buck,

Someone on here, not sure who it was, but they said that you can file one as secondary to the other at the same time. 

I filed for sleep disturbances, a few weeks ago, and submitted my private MD DX of SA, with the results and diagnosis from my sleep study.  My recent MH C&P examiner noted in his opinion notes that I suffer from chronic sleep disturbance issues....we'll see how the Good Lord chooses to bless me with the outcome from that.

Andy

[ArNG11]

But then again if you do use a CPAP, then you do rate the 50% for that.  I filed mine a week or so earlier than you...so...round and round we go!

Andy only if it service connected.  It will be a cold day in hell before I get connected for that I think.  Doesn't stop me from trying though.

[ArNG11]

Buck I would honestly suggest to try to get both.  Its a gamble but it is possible to pay off if I'm allowed to say that.  Go in with multiple opinions and records, documenting the timeline and correlations and I think you would have a good case.  That's just my opinion though.  It is worth the look.

Symptoms over time not the diagnosis is what you have to point out.

[Andyman73]

Andy only if it service connected.  It will be a cold day in hell before I get connected for that I think.  Doesn't stop me from trying though.

I found a health questionaire from the year before I EASed, and I had marked off trouble sleeping, and noted that I had resorted to alcohol and OTC sleep aids, for the 3 years leading up to the point of the questionaire.  So, while no treatment given, I noted that I was having problems sleeping.  So that, I hope, is good enough.

[ArNG11]

Andyman I feel that a coupled with an IME/IMO you would be in a good position.  SMRs are a plus if it's annotated but you still are going to eventually need and have IMO/IME.

Mind you don't just take my word for it.  I'm not an attorney, and every claim is unique. But these are things that most would agree would help solidify your case.

 

[ArNG11]

There is also the factor of defining what sleep disturbance is considered.  See under a mental health claim, recurrent nightmares and trouble sleeping because of this would in fact be a sleep disturbance.

However, under sleep apnea, a sleep disturbance can also be claimed because apnea-tic episodes will cause a disturbance in your sleep pattern.  For example when you wake yourself gasping for air, and then go back to sleep, does that makes sense?

Still don't forget the nexus and the use of medical rationale to tie the issues together, not to mention the doc giving the opinion (specialist would be recommended) mentioning that he has reviewed your service medical records ... JMO